Public Health and Wellbeing Further Amendment (Infringement Penalties) Regulations 2021 (Vic)
Public Health and Wellbeing Further Amendment (Infringement Penalties) Regulations 2021
S.R. No. 15/2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Definitions
4Schedule 8—Infringements
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Endnotes
STATUTORY RULES 2021
S.R. No. 15/2021
Public Health and Wellbeing Act 2008
Public Health and Wellbeing Further Amendment (Infringement Penalties) Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 16 March 2021
Responsible Minister:
MARTIN FOLEY
Minister for HealthCLAIRE CHISHOLM
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2019 to prescribe infringement penalties for children in respect of certain infringement offences for which an infringement notice may be issued for the purposes of section 209 of the Public Health and Wellbeing Act 2008.
2Authorising provision
These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008.
3Definitions
In regulation 4 of the Public Health and Wellbeing Regulations 2019[1] insert the following definitions—
"adult means a person of or above the age of 18 years;
child, in the case of a person who is alleged to have committed an infringement offence, means a person who at the time of the alleged commission of the infringement offence was of or above the age of 10 years and under the age of 18 years;".
4Schedule 8—Infringements
(1)In Table 1 of Schedule 8 to the Public Health and Wellbeing Regulations 2019, for item 61A substitute—
"61A R. 100A In the case of an adult, 10 penalty units
In the case of a child of or above the age of 15 years, 4 penalty units
In the case of a child under the age of 15 years, 1 penalty unit".
(2)In Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019, for items 71 to 79 substitute—
"71 S. 183 In the case of a child of or above the age of 15 years, 2 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
In any other case, 5 penalty units
72 S. 188(2) In the case of a body corporate, 30 penalty units
In the case of an adult, 10 penalty units
In the case of a child of or above the age of 15 years, 4 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
73 S. 193(1) In the case of a body corporate, 60 penalty units
In the case of an adult, 10 penalty units
In the case of a child of or above the age of 15 years, 4 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
74 S. 203(1) In the case of a body corporate, 60 penalty units
In the case of an adult, 10 penalty units
In the case of a child of or above the age of 15 years, 4 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
75 An offence against section 203(1) of the Act constituted by a contravention of directions given under section 200(1) of the Act by failing to comply with a requirement in relation to a face covering In the case of an adult, $200
In the case of a child of or above the age of 15 years, $80
In the case of a child under the age of 15 years, $40
76 An offence against section 203(1) of the Act constituted by a contravention of directions given under section 200(1) of the Act by refusing or failing to comply with a requirement to self‑isolate or self‑quarantine In the case of an adult, 30 penalty units
In the case of a child of or above the age of 15 years, 5 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
77 An offence against section 203(1) of the Act constituted by a contravention of directions given under section 200(1) of the Act by refusing or failing to comply with a requirement in relation to leaving a restricted area in Victoria without a reasonable excuse or other valid reason or excuse In the case of a child of or above the age of 15 years, 5 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
In any other case, 30 penalty units
78 An offence against section 203(1) of the Act constituted by a contravention of directions given under section 200(1) of the Act by refusing or failing to comply with a requirement in relation to private or public gatherings in a restricted area in Victoria without a reasonable excuse or other valid reason or excuse In the case of a child of or above the age of 15 years, 5 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
In any other case, 30 penalty units
79 An offence against section 203(1) of the Act constituted by a contravention of directions given under section 200(1) of the Act by refusing or failing to comply with a requirement in relation to a person travelling from a restricted area (however described) and seeking to enter Victoria without a reasonable excuse or other valid reason or excuse In the case of a child of or above the age of 15 years, 5 penalty units
In the case of a child under the age of 15 years, 1 penalty unit
In any other case, 30 penalty units".
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Endnotes
[1] Reg. 3: S.R. No. 135/2019 as amended by S.R. Nos 4/2020, 5/2020, 20/2020, 76/2020, 79/2020, 86/2020, 93/2020, 99/2020 and 1/2021.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2020 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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